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LEVY v. BD. OF EDUC. OF THE CITY OF YONKERS

232 A.D.2d 377 (1996)

648 N.Y.S.2d 141

Joseph Levy, an Infant, by His Father and Natural Guardian, Kenneth Levy, et al., Respondents, v. Board of Education of the City of Yonkers, Defendant, and American Ambulette Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

As the injured plaintiff was being driven home from school with other "special education" students in a bus owned by the defendant American Ambulette Corporation (hereinafter American) and driven by the defendant Kenneth Haynes, he was assaulted by one of his classmates. The plaintiffs sued the Board of Education of the City of Yonkers, the bus company,

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